SUCCESS FOR FARMERS – PART I

GAAMPS Allow Construction and Maintenance of Farm Buildings Used to Store Fertilizer and Pesticides

The Michigan Right to Farm Act exists to protect farming operations from nuisance lawsuits. The protections include both preemption from compliance with local zoning ordinances and immunity from nuisance lawsuits by neighboring property owners. One way to qualify for Right to Farm Act protection is by compliance with the Generally Accepted Agricultural and Management Practices, which are referred to as GAAMPs. Every year, the Michigan Department of Agriculture identifies best practices and publishes them in handbooks. By complying with a GAAMP, a farmer complies with the Right to Farm Act and is therefore protected from nuisance lawsuits. The Michigan Appellate Courts have held that lawsuits to enforce local zoning ordinances are the type of nuisance claims that are pre-empted.

I have recently assisted two farmers who were having problems with local municipalities relating to buildings. One farmer was told that local zoning ordinances precluded construction of a barn on his property because the zoning ordinance only allowed barns on properties as an accessory use to a home. Another farmer was told that a shipping container was required to be removed because the local zoning ordinance did not allow use of that type of structure.

There is no GAAMP that specifically addresses maintenance of buildings. However, two GAAMPS require the type of secure storage provided by a building or similar structure, like a shipping container. There is a GAAMP for Nutrient Utilization governing application of fertilizer. The numerous requirements include how fertilizer is stored, requiring that storage be in a secured facility that prevents contact with precipitation or surface water and can contain spills. Similarly, the GAAMP for Pesticide Utilization and Pest Control requires safe storage preventing unauthorized access, requires ventilation, and prevents storing pesticides in direct sunlight.

In order to solve these zoning problems, we requested the Michigan Department of Agriculture undertake a review process. That review process confirmed that the farmers were following the GAAMPs. As such, I notified the respective townships that their ordinances were pre-empted. 

I have successfully opposed efforts by a municipality to impose extremely burdensome site plan requirements on a farm market using that GAAMP. The Farm Market GAAMP expressly preempts local zoning on a number of issues, including the use itself and burdensome parking lot requirements.

My practice generally involves defending real estate property rights. This includes eminent domain and zoning issues, including assisting farmers throughout the state. Please feel free to contact me if you are experiencing issues with your local zoning ordinances. The Right to Farm Act may allow a solution to your problem.